A very recent statement by the Advocate General of the European Court of Justice has advised that a ‘normal’ 45-hour weekend break cannot count as ‘rest’ for tachograph and EU drivers’ hours regulations purposes if it has been taken in the vehicle, even if the cab has a bed. However, the 24-hour reduced rest periods which can be taken every other week, can still be taken in the vehicle’s cab, provided it is fitted with a bunk/bed.
The regulations are specified in EC 561/2006.
The new Department for Transport (DfT) Simplified Guidance on EU drivers’ hours and working time also confirms that only the shortened weekly rest can be taken in the cab. The guidance states “You can take your daily rest period or a reduced weekly rest period in your vehicle, provided the vehicle is stationary and is fitted with suitable sleeping facilities. However, you cannot take a regular weekly rest period in your vehicle.”
It has been reported that the European Transport Workers’ Federation said it would campaign further to ensure that if weekly rest was taken away from home, then it would have to be in a hotel or motel room with individual sanitary facilities and access to hot meals.